AGOA Renewal and Improvement Act of 2024

This Act may be cited as the AGOA Renewal and Improvement Act of 2024.

The table of contents for this Act is as follows:

Section 506B of the Trade Act of 1974 (19 U.S.C. 2466b) is amended by striking September 30, 2025 and inserting September 30, 2041.

Section 112(g) of the African Growth and Opportunity Act (19 U.S.C. 3721(g)) is amended by striking September 30, 2025 and inserting September 30, 2041.

Section 112(b)(3)(A) of the African Growth and Opportunity Act (19 U.S.C. 3721(b)(3)(A)) is amended—

(A) in clause (i), by striking 21 succeeding and inserting 37 succeeding; and

(B) in clause (ii)(II), by striking September 30, 2025 and inserting September 30, 2041.

Section 112(c)(1) of the African Growth and Opportunity Act (19 U.S.C. 3721(c)(1)) is amended—

(A) in the paragraph heading, by striking September 30, 2025 and inserting September 30, 2041;

(B) in subparagraph (A), by striking September 30, 2025 and inserting September 30, 2041; and

(C) in subparagraph (B)(ii), by striking September 30, 2025 and inserting September 30, 2041.

Section 506A(a)(1) of the Trade Act of 1974 (19 U.S.C. 2466a(a)(1)) is amended by striking is authorized to and inserting shall.

Section 506A(a) of the Trade Act of 1974 (19 U.S.C. 2466a(a)) is amended by striking paragraphs (2) and (3) and inserting the following:

Not less frequently than once every 2 years, the President shall monitor, review, and report to Congress on the progress of each country listed in section 107 of the African Growth and Opportunity Act (19 U.S.C. 3706) in meeting the requirements described in paragraph (1) in order to determine the current or potential eligibility of the country to be designated as a beneficiary sub-Saharan African country for purposes of this section.

The President’s determinations, and explanations of such determinations, with specific analysis of the eligibility requirements described in paragraph (1)(A), shall be included in the biennial report required by section 106(a)(1).

The President may, at any time, initiate an out-of-cycle review of whether a beneficiary sub-Saharan African country is making continual progress in meeting the requirements described in paragraph (1). The President shall give due consideration to petitions received under subsection (d)(3) in determining whether to initiate an out-of-cycle review under this subparagraph.

If the chairperson and ranking member of one of the appropriate congressional committees jointly submit a request for an out-of-cycle review of a beneficiary sub-Saharan African country based on the assertion that the country is not making continual progress in meeting the requirements described in paragraph (1), the President shall—

(i) not later than 15 days after receiving the request, initiate an out-of-cycle review of whether the country is making continual progress in meeting those requirements; and

(ii) not later than 45 days after receiving the request, submit a classified or unclassified report to the appropriate congressional committees on the review that includes—

(I) the determination of the President, pursuant to the review, of whether or not the country is making continual progress in meeting the requirements described in paragraph (1);

(II) a description of the considerations entering into that determination, including a specific analysis of the requirements described in paragraph (1); and

(III) if the President determines that the country is not making continual progress in meeting those requirements, the matters described in clauses (ii) through (iv) of paragraph (4)(B).

If the President delegates responsibility for conducting reviews under subparagraphs (A), (B), and (C), the President shall delegate that responsibility jointly to—

(i) the United States Trade Representative or a designee of the Trade Representative serving in a position to which the designee was appointed by the President by and with the advice and consent of the Senate; and

(ii) the Secretary of State or a designee of the Secretary serving in a position to which the designee was appointed by the President by and with the advice and consent of the Senate.

If, pursuant to a review conducted under paragraph (2), the President determines that a beneficiary sub-Saharan African country is not making continual progress in meeting the requirements described in paragraph (1), the President shall, subject to paragraph (4)—

(i) terminate the designation of that country as a beneficiary sub-Saharan African country for purposes of this section;

(ii) withdraw, suspend, or limit the application of duty-free treatment to any article of the country that is described in subsection (b)(1) or section 112 of the African Growth and Opportunity Act (19 U.S.C. 3721);

(iii) issue a warning letter to the country detailing concerns with the lack of progress of the country in meeting the requirements described in paragraph (1) and providing notice that, if corrective action is not taken before the next review of the country under paragraph (2), the President may take action under clause (i) or (ii) based on the results of that review; or

(iv) take no action under clause (i), (ii), or (iii) if the President determines that—

(I) the compliance of the country with the requirements described in paragraph (1) will be most effectively promoted by other means; or

(II) the economic and foreign policy interests of the United States will be most effectively advanced by taking no action.

An action taken under subparagraph (A) shall be effective with respect to a country—

(i) for biennial reviews conducted under paragraph (2)(A), on January 1 of the year following the year in which the determination that the country is not making continual progress in meeting the requirements described in paragraph (1) is made;

(ii) for out-of-cycle reviews conducted under subparagraph (B) or (C) of paragraph (2), not later than 90 days after such a determination is made.

If, pursuant to a review conducted under paragraph (2), the President determines that a beneficiary sub-Saharan African country is not making continual progress in meeting the requirements described in paragraph (1), the President shall notify the appropriate congressional committees and the government of the country of the President’s determination and any action the President is considering taking not less than 60 days before taking any action with respect to the country under paragraph (3)(A) or determining to take no action as described in clause (iv) of that paragraph.

Not later than 15 days after providing notification under subparagraph (A) with respect to a country, the President shall submit to the appropriate congressional committees a classified or unclassified report, informed by the United States Trade Representative and the Secretary of State, that includes—

(i) a description of the considerations entering into the determination that the country is not making continual progress in meeting the requirements described in paragraph (1), including a specific analysis of those requirements;

(ii) an analysis of the expected economic and political effects of—

(I) the action the President intends to take under paragraph (3)(A) with respect to the country; or

(II) taking no action, if the President determines to take no action as described in clause (iv) of that paragraph;

(iii) an explanation of the role of the action or determination to take no action in the overall strategy of the United States toward the country; and

(iv) an explanation of what actions by the country would result in the restoration of, as applicable—

(I) the designation of the country as a beneficiary sub-Saharan African country for purposes of this section; or

(II) the application of duty-free treatment to articles of the country.

Not later than 30 days after providing notification under subparagraph (A), the United States Trade Representative and the Secretary of State shall provide briefings to the appropriate congressional committees addressing—

(i) the findings of the review conducted under paragraph (2); and

(ii) the contents of the report required by subparagraph (B).

Title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) is amended—

(1) in section 506A (19 U.S.C. 2466a)—

(A) by striking subsection (c);

(B) in subsection (d), by striking paragraph (4); and

(C) in subsection (e)—

(i) by striking Beneficiary Sub-Saharan African Countries, Etc.—For purposes of this title— and inserting Definitions.—In this title:;

(ii) by redesignating paragraphs (1) and (2) as paragraphs (2) and (3), respectively; and

(iii) by inserting before paragraph (2), as so redesignated, the following:

The term appropriate congressional committees means—

(A) the Committee on Ways and Means and the Committee on Foreign Affairs of the House of Representatives; and

(B) the Committee on Finance and the Committee on Foreign Relations of the Senate.

(iii) ; and

(2) in section 506B (19 U.S.C. 2466b), by striking section 506A(c) and inserting section 506A(f).

Section 506A of the Trade Act of 1974 (19 U.S.C. 2466a) is amended—

(1) in subsection (b)(2), by striking former beneficiary sub-Saharan African countries each place it appears and inserting eligible AfCFTA countries;

(2) by redesignating subsection (e) as subsection (f);

(3) by inserting after subsection (d) the following:

The President is authorized to designate a country as an eligible AfCFTA country if—

(1) that country has signed and ratified the African Continental Free Trade Agreement; and

(2) the President determines that the country meets the eligibility requirements set forth in section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703).

(3) ; and

(4) in subsection (f), as redesignated by paragraph (1)—

(A) in paragraph (2), as redesignated by section 3(c)(1)(C)(ii), by striking the terms and inserting Beneficiary sub-Saharan African country.—The terms; and

(B) by striking paragraph (3), as so redesignated, and inserting the following:

The term eligible AfCFTA country means a country that the President has determined is eligible under subsection (e).

Section 112 of the African Growth and Opportunity Act (19 U.S.C. 3721) is amended—

(1) in subsection (a), by striking section 506A(c) and inserting section 506A(f); and.

(2) in subsection (f)—

(A) in paragraph (2), by striking section 506A(c) and inserting section 506A(f); and

(B) by striking paragraph (4) and inserting the following:

The term eligible AfCFTA country means a country that the President has determined is eligible under section 506A(e) of the Trade Act of 1974.

(B) ; and

(3) by striking former beneficiary sub-Saharan African countries each place it appears and inserting eligible AfCFTA countries.

Section 506A of the Trade Act of 1974 (19 U.S.C. 2466a) is amended by inserting after subsection (b) the following:

Except as provided by paragraph (2), if the President determines that a beneficiary sub-Saharan African country has been classified, under the official statistics of the International Bank for Reconstruction and Development, as a high income country for a period of 5 consecutive years, the President shall terminate the designation of the country as a beneficiary sub-Saharan African country for purposes of this section and as a beneficiary developing country for purposes of this title, effective on January 1 of the second year following the year in which that determination is made.

After a country has been designated as high income for a period of 5 consecutive years as described in paragraph (1), the President may elect to maintain the designation of the country as a beneficiary sub-Saharan African country for purposes of this section and as a beneficiary developing country for purposes of this title for not more than an additional 5 years to allow for the negotiation of a free trade agreement with that country, in accordance with the policy described in section 116(a) of the African Growth and Opportunity Act (19 U.S.C. 3723(a)).

Title V of the Trade Act of 1974 (19 U.S.C. 2461 et seq.) is amended—

(1) in section 502(e), by striking If the President and inserting Except as provided by section 506A(c), if the President; and

(2) in section 506A(a)(1)(B)—

(A) by striking subsections (a), (d), and (e) and inserting subsections (a) and (d); and

(B) by inserting (other than subsection (e) of that section) after in section 502.

Section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703) is amended, in the matter preceding paragraph (1), by striking is authorized to and inserting shall.

Section 104 of the African Growth and Opportunity Act (19 U.S.C. 3703) is amended—

(1) in paragraph (1), by amending subparagraph (E) to read as follows:

(E) the minimum standards for the elimination of corruption described in section 5404(a) of the Combating Global Corruption Act (subtitle A of title LIV of Public Law 118–31);

(2) in paragraph (2), by striking; and and inserting a semicolon; and

(3) by striking paragraph (3) and inserting the following:

(3) does not engage in gross violations of internationally recognized human rights, including as reflected in the annual Country Reports on Human Rights Practices of the Department of State, and cooperates in international efforts to eliminate human rights violations, including by not having been—

(A) determined to be engaged in a pattern of gross violations of internationally recognized human rights for purposes of—

(i) section 701 of the International Financial Institutions Act (22 U.S.C. 262d); or

(ii) section 116 or 502B of the Foreign Assistance Act of 1961 (22 U.S.C. 2151n and 2304);

(B) listed under subparagraph (C) of section 110(b)(1) of the Trafficking Victims Protection Act of 2000 (22 U.S.C. 7107(b)(1)) (commonly referred to as tier 3) in the most recent report on trafficking in persons required under that section (commonly referred to as the Trafficking in Persons Report);

(C) identified on the list published by the Secretary of State pursuant to section 404(b) of the Child Soldiers Prevention Act of 2008 (22 U.S.C. 2370c–1(b)) as a country that recruits and uses child soldiers; or

(D) designated as a country of particular concern for religious freedom under section 402(b)(1)(A)(ii) of the International Religious Freedom Act of 1998 (22 U.S.C. 6442(b)(1)(A)(ii));

(4) does not provide support for acts of international terrorism and cooperates in international efforts to eliminate terrorist activities, including by not having been determined by the Secretary of State to have repeatedly provided support for acts of international terrorism for purposes of—

(A) section 1754(c)(1)(A)(i) of the Export Control Reform Act of 2018 (50 U.S.C. 4813(c)(1)(A)(i));

(B) section 620A of the Foreign Assistance Act of 1961 (22 U.S.C. 2371);

(C) section 40(d) of the Arms Export Control Act (22 U.S.C. 2780(d)); or

(D) any other provision of law; and

(5) is not subject to restrictions on the provision of assistance to a country the duly elected head of government of which is deposed by a coup d’état or decree under an Act making appropriations for the Department of State, foreign operations, and related programs.